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CRIMINAL DAMAGE

Criminal Damage Act 1971 Section 1 (1)

“A person who without lawful excuse destroys or damages property belonging to another intending to destroy or dame such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of the offence.”

Actus reus- “Belonging to another”

Mens rea- Intention or recklessness

Aggravated Criminal damage 1971 Act Section 1 (2)

A person who intentionally or recklessly destroys or damage property intending to endanger life thereby or being reckless as to whether life is endangered thereby.

Actus reus- Intended to endanger life

Mens reus- Intention or recklessness

Lawful Excuse

Under section 5 (2) of the Act a defence of lawful excuse is available if:

(A) the defendant honestly thought he had the consent of the relevant person, or would have if that person had known the circumstances or

(B) he acted as he did in order to protect property he thought in immediate need of protection, and he believed the means used were reasonable.